CONTRACT DPW 21-25 Crushing and Processing Gravel Material - CITY OF GREENFIELD Department of Public Works
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CITY OF GREENFIELD
Department of Public Works
CONTRACT DPW 21-25
Crushing and Processing Gravel Material
1TABLE OF CONTENTS:
PAGE #
ADVERTISEMENT FOR BIDDERS 3
SECTION 1 – INFORMATION FOR BIDDERS 4
SECTION 2 – FORMS FOR BID 11
SECTION 3 – AGREEMENT 17
SECTION 4 – GENERAL CONDITIONS 21
SECTION 5 – TECHNICAL SPECIFICATIONS 36
SECTION 6 – MEASUREMENT & PAYMENT 38
APPENDIX A
PREVAILING WAGE RATES
2ADVERTISEMENT FOR BIDDERS
DEPARTMENT OF PUBLIC WORKS
189 Wells Street
Greenfield, MA 01301
Sealed Proposals addressed to the Department of Public Works, 189 Wells Street, Greenfield,
Massachusetts and endorsed “Proposal for Contract DPW 21-25, Gravel Crushing” will be
accepted by the Department of Public Works in the new DPW Administration Building adjacent
to the DPW Yard. Bids will be accepted until 10:00 a.m. on June 30, 2021, at which time said
bids will be publicly opened and read aloud in the Administration Building Meeting Room.
The project consists of crushing and processing bank run gravel, concrete and asphalt material to
make 1 ½” processed gravel at the City Farm site off of Glenbrook Drive, which is off Leyden
Road. The maximum total contract value is $90,000. Payment shall be by the ton. Work will
stop when the maximum contract value is reached.
Bidding/contract documents will be emailed upon request by contacting
alan.twarog@greenfield-ma.gov or by downloading them from the City’s Purchasing
Department’s webpage at https://greenfield-ma.gov/p/2959/FY-2021-IFBRFPRFQRFS. To get
on the Bidders List, proposers should contact the DPW at alan.twarog@greenfield-ma.gov or by
calling 413-772-1528 x6104. Bidding/contract documents will be available starting June 15,
2021.
The Bid Security from the Contractor in the form of cash, certified check, treasurer’s check, or
cashier’s check, drawn upon a responsible bank in the Commonwealth of Massachusetts or a bid
bond in the amount of five percent (5%) of the bid shall be made payable to the City of
Greenfield, Massachusetts and shall be enclosed with the bid.
Attention is called to the following:
A. Bids for this project are subject to the provisions of the Massachusetts General Laws
Chapter 30B as amended.
B. Wages are subject to Massachusetts minimum wage rates as per M.G.L. Chapter 149,
Section 26 to 27H inclusive.
C. The successful bidder must comply with Chapter 151B as amended, of the Massachusetts
General Laws and with the provisions of Executive Order No. 74, as amended by
Executive Order No. 116 dated May 1, 1975 pertaining to Equal Opportunity Anti-
Discrimination and Affirmative Action.
To arrange for viewing of the material or any questions in regards to the specifications, contact
Alan Twarog at 413-772-1528 x6104.
The Contract/Bid/Proposal awarding authority is:
City of Greenfield
Department of Public Works
Greenfield, Massachusetts
3SECTION 1
INFORMATION FOR BIDDERS
4SECTION 1.
INFORMATION FOR BIDDERS
1.1 Location and work to be done:
The work herein specified to be done (herein sometimes referred to as the “Work”)
consists of crushing and processing bank run gravel material, concrete and asphalt
material to make 1 ½” processed gravel at the City Farm site located off of Glenbrook
Drive, which is located off Leyden Road, as indicated or described in the specifications
and the other contract documents.
The Contractor shall furnish all labor, services, materials, equipment, plant, machinery,
apparatus, appliances, tools, supplies, and all other items necessary to do all the work
required for the completion of the Work, as specified.
The Work to be done and paid for shall not be limited to the extent mentioned or
described, but shall include all incidental work necessary or customarily done for the
completion of the work.
1.2 Questions Regarding Drawings and Documents. In general, no answers will be
given to prospective bidders in reply to an oral question if the question involves an
interpretation of the intent or meaning of the Drawings or other Contract Documents, or
the equality or use of products or methods other than those designated or described on the
drawings or in the specifications. Any information given to bidders other than by means
of the Drawings and other Contract Documents, including Addenda, as described below,
is given informally, for information and the convenience of the bidder only and is not
guaranteed. The bidder agrees that such information shall not be used as the basis of nor
shall the giving of any such information entitle the bidder to assert any claim or demand
against the owner or the engineer on account thereof.
To receive consideration, such questions shall be submitted in writing to the City at least
7 days before the established date for receipt of bids. If the question involves the equality
or use of products or methods it must be accompanied by drawings, specifications or
other data in sufficient detail to enable the City to determine the equality or suitability of
the product or method. In general, the City will neither approve nor disapprove particular
products prior to the opening of Bids; such products will be considered when offered by
the Contractor for incorporation into the Work.
The City will set forth as Addenda, which shall become a part of the Contract
Documents, such questions received as above provided as in his sole judgment are
appropriate or necessary and his decision regarding each. At least three days prior to the
receipt of Bids, the Awarding Authority will send a copy of these Addenda to those
prospective bidders known to have taken out sets of the Drawings and other Contract
Documents.
The Contractor agrees to use the products and methods designated or described in the
Specifications as amended by the Addenda.
1.3 Bidders to Investigate. Bidders are required to submit their Bids upon the following
express conditions which shall apply to and be deemed a part of every Bid received, viz:
5Bidders must satisfy themselves by personal examinations of the site of the work and by
such other means as they may wish, as to the actual conditions there existing, the
character and requirements of the Work, the difficulties attendant upon its execution, and
the accuracy of all estimated quantities stated in the Bid.
1.4 Information not Guaranteed. All information given on the Drawings or in the
Contract Documents relating to sub-surface and other conditions, natural
phenomena, existing pipes and other structures is from the best sources at present
available to the City. All such information is furnished only for the information and
convenience of bidders and is not guaranteed.
It is agreed and understood that the City does not warrant or guarantee that the subsurface
or other conditions, natural phenomena, existing pipes or other structures encountered
during construction, will be the same as those indicated on the Drawings or in the other
Contract Documents.
It is agreed further and understood that no bidder or contractor shall use or be entitled to
use any of the information made available to him or obtained in any examination made
by him in any manner as a basis of or ground for any claim or demand against the City,
arising from or by reason of any variance which may exist between the information made
available and the actual subsurface or other conditions, natural phenomena, existing pipes
or other structures actually encountered during the construction work, except as may
otherwise by expressly provided for in the Contract Documents.
1.5 Submitting Bids. All Bids must be upon the blank form for Bid annexed hereto, state
the proposed price of each item of the Work, both in words and in figures, and be signed
by the Bidder with his business address and place of residence. The Bid Security shall be
enclosed with the Bid. In the event of a conflict in the bid amount, words shall govern.
Each bid shall be submitted to the City in a sealed envelope. On the outside of the
envelope shall be written the bidder’s name and address and the name of and description
of the project for which the Bid is submitted.
If forwarded by mail, the sealed envelope containing the Bid and marked as directed
above, must be enclosed in another envelope addressed to the City.
1.6 Time for Completion. The successful bidder will be required to substantially complete
the Work no later than 60 days from the date of the Notice to Proceed.
1.7 Withdrawal of Bids. Except as hereinafter in this subsection otherwise expressly
provided, once his Bid is submitted and received by the City for consideration and
comparison with other bid similarly submitted, the bidder agrees that he may not and will
not withdraw it within 40 (forty) consecutive calendar days after the actual date of the
opening of Bids.
Upon proper written request and identifications, Bids may be withdrawn as follows:
1. At any time prior to the designated time for the opening of Bids.
2. Provided the Bid has not therefore been accepted by the City at any time subsequent
to the expiration of the period during which the bidder has agreed not to withdraw his
6Bid. Unless a Bid is withdrawn as provided above, the Bidder agrees that it shall be
deemed open for acceptance until the City notifies a Bidder in writing that his Bid is
rejected or that the City does not intend to accept it. Notice of acceptance of a Bid
shall not constitute rejection of any Bid.
1.8 Ability and Experience of Bidder. No award will be made to any Bidder who
cannot satisfy the City that he has sufficient ability and experience in this class of work
and sufficient capital and plant to enable said firm to prosecute and complete the Work
successfully within the time established for the project. The City decision or judgment
on these matters shall be final, conclusive, and binding.
The Bidder is to submit a list of comparable projects completed within the past five (5)
years with contact information, minimum of three (3) required.
The City may make such investigations as it deems necessary, and the Bidder shall
furnish to the City, under oath if so required, all such information, and data for this
purpose as the City may request.
1.9 Bids. The City may reject Bids which in its sole judgment are either incomplete,
conditional, obscure or not responsive or which contain additions not called for, erasures
not properly initialed, alterations, or similar irregularities, or the City may waive such
omissions, conditions or irregularities.
1.10 Right to Reject Bids. The City reserves the right to reject any or all Bids, or
alternative Bid Items should the City deem it to be in the public interest to do so.
1.11 Execution of Agreement. The Bidder whose bid is accepted will be required and
agrees to duly execute the AGREEMENT, after notification that the AGREEMENT is
ready for signature, within 10 calendar days. All required documentation shall
accompany the signed contract including but not limited to certificates of insurance,
payment and performance bonds, debarment statement, contractor and subcontractor
certifications and OSHA training certifications, waste reduction/energy efficiency plan
and superintendent qualifications.
1.12 Insurance Certificates. The Contractor will not be permitted to start any construction
work until he has submitted certificates covering all insurance called for, and has
obtained approval in writing of such certificates from the City.
Before starting, and until completion of the guarantee period, the Contractor shall
procure, deposit, and maintain with the City, insurance satisfactory to the City as follows:
A. Workmen’s Compensation and Employer’s Liability Insurance as required by the
Workmen’s Compensation Laws of the Commonwealth of Massachusetts.
B. Comprehensive Commercial Liability Insurance covering Bodily Injury and Property
Damage (Broad Form) as follows:
Limits of Liability* $1,000,000 each occurrence
$2,000,000 aggregate
* or $1,000,000 single limit combined Bodily Injury and Property Damage.
7The Comprehensive Commercial Liability Policy shall provide insurance for the
Contractor for Bodily Injury and Property Damage to third persons arising out of:
1. Work performed by the Contractor himself with his own employees, called “premises
operations.”
2. Work performed by his subcontractors, called “sublet work” or Independent
Contractors (this is referred to as Contractor’s Protective Liability).
3. The Contractor’s liability assumed under this contract, called “Hold Harmless”
clauses or indemnity agreement. (This is referred to as Contractual Liability
Insurance).
4. Products liability coverage covering the completed building or installation or products
furnished. (This is called Products Liability Insurance for the manufacturer and
Complete Operations Liability Insurance for the Contractor).
5. If any work is to be performed below the surface of the ground, the coverage shall be
extended to include protection against property damage caused by explosion
(including blasting), collapse of structures and damage to underground pipes and
utilities. (This is known as “XCU” coverage).
C. Comprehensive Automobile Liability Insurance covering Bodily Injury and Property
Damage, as follows:
Limits of Liability
Bodily Injury $500,000 each person
$1,000,000 each accident
Property Damage $1,000,000 each accident
* or $500,000 single limit combined Bodily Injury and Property Damage.
This insurance is to apply with respect to all owned or hired vehicles of the Contractor
and non-ownership protection for all employees of the Contractor engaged in the
performance of this contract.
D. All policies shall be so written that the City will be notified of cancellation or
restrictive amendment at least 30 days prior to the effective date of such cancellation
or amendment. Certificates from the insurance carrier stating the limits of liability
and expiration date shall be filed in triplicate with the City before operations are
begun. Such certificates not only shall name the types of policy provided, but also
shall refer specifically to this Contract* and article and the above paragraphs in
accordance with which insurance is being furnished and shall state that such
insurance is as required by such paragraphs of this Contract and shall be sufficiently
comprehensive as to permit the owner to determine that the required insurance
coverage has been provided without the necessity of examining the individual
insurance policies.
8If the initial insurance expires prior to completion of the Work, renewal certificates
shall be furnished by the date of expiration.
* If blanket coverage is furnished, this particular Contract need not be referred to.
E. The Contractor shall require each of his sub-contractors to procure and maintain until
the completion of that sub-contractor’s work, insurance of the types and to the limits
specified in paragraphs A to C, inclusive, above. It shall be the responsibility of the
Contractor to insure that all his sub-contractors comply with all of the insurance
requirements contained herein relating to such sub-contractors.
No insurances required or furnished hereunder shall, in any way, relieve the Contractor
of, or diminish any of his responsibilities, obligations and liabilities under the Contract.
1.13 Comparison of Bids. Bids will be compared on the basis of lump-sum or unit prices
stated in the BID.
In the event that there is a discrepancy in the Bid between the lump-sum or unit prices
written in words and figures, the prices written in words shall govern.
The City agrees to examine and consider each Bid submitted in consideration of the
Bidder’s agreements, as hereinabove set forth and as set forth in the BID.
1.14 Bid Security. The Bid Security from the contractor in the form of cash, certified
check or treasurer’s or cashier’s check drawn upon a responsible bank in the
Commonwealth of Massachusetts or a bid bond in the amount of five percent (5%) of the
bid shall be made payable to the City of Greenfield, Massachusetts and shall be enclosed
with the bid.
Each such check may be held by the City as security for the fulfillment the bidder’s
agreements as hereinabove set forth and as set forth in the BID. Should the bidder fail to
fulfill such agreements, his bid check shall become the property of the City as liquidated
damages; otherwise, the bid check shall be returned to the bidder as hereinafter provided.
Bid checks will be returned to all except the three lowest bidders within three days,
Sundays and legal holidays excluded, after the owner and the accepted bidder have
executed the AGREEMENT. In the event that the AGREEMENT has not been executed
by both the accepted bidder and the owner within 40 consecutive calendar days after the
opening of bids, the bid check will be returned promptly upon demand of any bidder who
has not been notified of the acceptance of his bid.
None of the three lowest bids shall be deemed rejected, notwithstanding acceptance of
any bid, until the AGREEMENT has been executed by both the City and the accepted
bidder.
The bid deposit must be enclosed in the sealed envelope containing the bid.
1.15 Disputes. In the event of any dispute as to any of the terms and conditions of this
contract, it shall be determined in accord with the laws of the Commonwealth of
Massachusetts and the Courts of the Commonwealth of Massachusetts shall have
exclusive jurisdiction of the same.
91.16 Minimum Wage Rates. In the employment of mechanics, teamsters, chauffeurs, and
laborers in the construction of the public work projects, the Minimum Wage rates shall be
paid as issued by the Commissioner of Labor and Industries of Massachusetts, in
accordance with Sections 26 and 27 of Chapter 149, of the General Laws, as amended,
and as included in Appendix B or Federal Wage rates as included in Appendix C,
whichever pays more.
1.17 Equal Employment Opportunity Anti-Discrimination and Affirmative Action. The
successful bidder must comply with Chapter 151B as amended, of the Massachusetts
General Laws and with the provisions of Executive Order No. 74, as amended by
Executive Order No. 116 dated May 1, 1975 pertaining to Equal Opportunity Anti-
Discrimination and Affirmative Action.
1.18 Notice to Proceed and Pre-Construction Conference. A written Notice to Proceed
shall be issued to the Contractor after receipt of proof of required insurance. No work
shall be performed by the Contractor until he has received the Notice to Proceed.
Prior to the start of construction, the Contractor, all subcontractors, the project manager,
and the owner shall attend a pre-construction conference. The conference will serve to
acquaint the participants with the general plan of contract administration and
requirements under which the construction operation is to proceed.
The date, time, and place of the conference will be furnished to the Contractor by the
project manager.
10SECTION 2
FORMS FOR BID
11Bidder’s Name
PROPOSAL FORM
To the City of Greenfield, Massachusetts, (hereinafter called the “Owner”) acting through its
Department of Public Works, duly authorized therefore, who act solely for said City and without
personal liability to themselves:
The undersigned , as bidder, declares that the
only persons or parties interested in this bid as principals are those named herein; that the bidder
has carefully examined the proposed form of Proposal and the Contract Documents (and
amendments thereto); and he bids and agrees, if this bid is accepted, that the bidder will furnish
all equipment, materials and labor necessary for the completion of the work as specified in the
Proposal, in the manner and time therein prescribed and according to the requirements of the
Owner as herein set forth.
The bidder agrees that the Owner will have forty (40) consecutive days from date of
opening to accept the bid, except as described in the specifications, the unit(s) at the price,
therein. The bidder also understands that the Owner reserves the right to accept or reject any or
all bids and to waive any informalities in the Proposals if it is in the Owner’s interest to do so.
The Advertisement for Bidders, Information for Bidders, General Conditions, Technical
Specifications, and Proposal Form attached thereto, shall become a contract upon the receipt by
the bidder of written acceptance of this bid by the Owner.
The bidder will take in full payment, therefore, the following price, to wit:
Item Estimated Brief Description; unit or lump sum Total in
Number Quantity price bid in both words and figures Figures
1. 10,000 TONS* Gravel Material to be Processed
Price Per Ton _______________________________dollars
and cents ($ ) $___________
* Indeterminate figure used for bid comparisons.
The undersigned agrees that for extra work, if any, performed in accordance with the terms and
provisions of the annexed form of AGREEMENT, he will accept compensation as stipulated
therein in full payment for such extra work.
If this BID is accepted by the City, the undersigned agrees to complete the entire work provided
to be done under the Contract within the time stipulated as otherwise expressly provided in the
AGREEMENT.
As provided in the INFORMATION FOR BIDDERS, the bidder hereby agrees that he will not
withdraw this BID within 40 consecutive calendar days after the actual date of the opening of
BIDS and that, if the City shall accept this BID, the bidder will duly execute and acknowledge
12the AGREEMENT and furnish, duly executed and acknowledged, the required CONTRACT
BONDS within ten (10) days after notification that the AGREEMENT and other Contract
Documents are ready for signature.
Should the bidder fail to fulfill any of his agreements as hereinabove set forth, the City shall have
the right to retain as liquidated damages the amount of the bid check which shall become the
City’s property.
This BID includes Addenda number * .
* To be filled in by Bidder if Addenda are issued.
The Bidder, by submittal of this BID, agrees with the Owner that the amount of the bid security
deposited with this BID fairly and reasonably represents the amount of damages the Owner will
suffer due to the failure of the Bidder to fulfill his agreements as above provided.
The Bidder hereby certifies he shall comply with the minority manpower ration and specific
action steps contained in the STATE REQUIREMENTS under Massachusetts Equal
Employment Program, including the minority contractor compliance. Prior to the award of the
Contract, the Contractor must submit a Contractor’s Certification of Compliance. The
Contractor receiving the award of the Contract shall be required to obtain from each of its Sub-
Contractors and submit to the contracting or administering agency prior to the performance of
any work under said Contract a certification by said Sub-Contractor, regardless of tier, that it will
comply with the minority manpower ratio and specific affirmative action steps contained in the
Massachusetts Equal Employment Program.
Name of Bidder
(SEAL) By
(Signature and title of authorized representative)
(Business Address)
(City & State)
Date
The Bidder is a corporation incorporated in the State (or Commonwealth) of
(Bidder must add and delete, as necessary, to make this
sentence read correctly).
(Note: If the Bidder is a corporation, affix corporate seal and give below the names of its
president, treasurer, and general manager, if any; if a partnership, give full names and residential
addresses of all partners, and if an individual, give residential address if different from business
address.)
13CERTIFICATE OF NON-COLLUSION
The undersigned certifies under penalties of perjury that this bid or proposal has been made and
submitted in good faith and without collusion or fraud with any other person. As used in this
certification, the word “person’ shall mean any natural person, business, partnership, corporation,
union, committee, club, or other organization, entity, or group of individuals.
________________________________________
Signature of individual submitting bid or proposal
________________________________________
Name of Business
TAX COMPLIANCE CERTIFICATION
Pursuant to M.G.L. Ch. 62C, Sec. 49A, I certify under the penalties of perjury that I, to the best
of my knowledge and belief, am in compliance with all laws of the Commonwealth of
Massachusetts relating to taxes, reporting of employees and contractors, and withholding and
remitting child support.
________________________________________
Signature of individual submitting bid or proposal
________________________________________
Name of business
14A. Contractor’s Certification Name of Project
A contractor will not be eligible for award of a contract unless such contractor has
submitted the following certification, which is deemed a part of the resulting contract:
CONTRACTOR’S CERTIFICATION
certified that:
1. it tends to use the following listed construction trades in the work under the contract
and
2. will comply with the minority manpower ration and specific affirmative action steps required
by law, and
3. will obtain from each of its Sub-Contractors and submit to the contracting or administering
agency prior to the award of any Sub-Contract under this contract the Sub-Contractor
certification required by these bid conditions.
Signature of authorized representative
of Contractor.
15OSHA TRAINING CERTIFICATION
Pursuant to M.G.L. Ch. 30, Sec. 39S(A), I certify under the penalties of perjury to the following:
(1) that I am able to furnish labor that can work in harmony with all other elements of labor
employed or to be employed at the work;
(2) that all employees to be employed at the worksite will have successfully completed a
course in construction safety and health approved by the United States Occupational
Safety and Health Administration that is at least 10 hours in duration at the time the
employee begins work and who shall furnish documentation of successful completion of
said course with the first certified payroll report for each employee; and
(3) that all employees to be employed in the work subject to this contract have successfully
completed a course in construction safety and health approved by the United States
Occupational Safety and Health Administration that is at least 10 hours in duration.
________________________________________
(Signature of authorized representative of Bidder)
________________________________________
(Name of authorized representative of Bidder)
________________________________________
(Name of business)
16SECTION 3
AGREEMENT
17AGREEMENT FOR CONTRACT DPW 21-25
Crushing and Processing Gravel Material
THIS AGREEMENT, executed this ____________ day of _________________________
in the year Two Thousand and Twenty-One.
(herein referred to as the “AGREEMENT”), by and between the City of Greenfield,
Massachusetts, acting by and through its Department of Public Works, duly authorized
therefore, which acts solely for said City and without personal liability to itself, party of
the first part, and ______________________________________ party of the second
part.
WITNESSETH, that the parties to these presents, each in consideration of the undertakings,
promises, and agreements on the part of the other herein contained, have undertaken, promised
and agreed and do hereby undertake, promise, and agree, the party of the first part for itself, its
successors and assigns, and the party of the second part for himself and his heirs, executors,
administrators, successors and assigns, as follows:
The Contractor agrees to furnish all equipment, machinery, tools and labor, to furnish and deliver
all materials required to be furnished and delivered in and about the improvement and to do and
perform all work in accordance with the specifications and conditions attached hereto and made
a part hereof, in strict conformity with the provisions herein contained and the Advertisement for
Bidders, Information for Bidders, Proposal, and General, Supplemental and Special Conditions
hereto annexed. All said Advertisement for Bidders, Information for Bidders, Proposal, and
General, Supplemental and Special Conditions are hereby specifically made a part of this
contract as fully and to the same effect as if the same had been set forth at length herein.
In consideration of the foregoing premises, the Owner agrees to pay and the Contractor agrees to
receive as full compensation for everything furnished and done by the Contractor under this
contract; including all work required, for all loss or damage arising out of the nature of the work
aforesaid, or from the action of the elements, or from any delay or from any unforeseen
obstruction or difficulty encountered in the prosecution of the work, and for all risks of every
description connected with the work, and for all expenses incurred by or in consequence of the
suspension or discontinuance of the work as herein specified, and for well and faithfully
completing the work, and the whole thereof, as herein provided, such price or prices as are set
out in the accompanying proposal, and for all work required, for which there is no item in the
proposal, such compensation as is provided for in the aforesaid specifications.
The Contractor’s bid price for this project is _________________________________.
IN WITNESS WHEREOF, the Owner has caused this instrument to be signed and its corporate
seal to be hereto affixed in its behalf, and the Contractor has caused this instrument to be signed
in its behalf.
18AGREEMENT FOR CONTRACT DPW 21-25
Crushing and Processing Gravel Material
FOR THE OWNER,
By the
FOR THE CONTRACTOR,
Witness:
By the
(If a corporation, attach to each signed Agreement a notarized copy of the corporate vote
authorizing the signatory to sign this Agreement.)
Approved as to Appropriation:
City Accountant
19Certificate of Acknowledgment of Contractor if a Corporation
For AGREEMENT
State of ___________________________________)
SS:
County of _________________________________)
On this _________________day of_________________, 20___,
before me personally came _____________________________________
to me known, who being by me duly sworn, did depose and say as follows:
That he resides at _______________________________________
and is the ___________________________________________________
of _________________________________________________________
the corporation described in and which executed the foregoing instrument; that he knows the
corporate seal of said corporation; that the seal affixed to the foregoing instrument is such
corporate seal and it was so affixed by order of the Board of Directors of said corporation; and
that by the like order he signed thereto his name and official designation.
______________________________
Notary Public (Seal)
My commission expires: ________________________________________
20SECTION 4
GENERAL CONDITIONS
21SECTION 4.
GENERAL CONDITIONS
TITLE
1.1 Definitions…………………………………………………………………………
1.2 Obligations and Liability of Contractor…………………………………………..
1.3 Planning and Progress Schedules…………………………………………………
1.4 Supervision of Work………………………………………………………………
1.5 Patents……………………………………………………………………………..
1.6 Electrical Energy………………………………………………………………….
1.7 Compliance with Laws……………………………………………………………
1.8 Provisions Required by Law Deemed Inserted……………………………………
1.9 Permits…………………………………………………………………………….
1.10 Not to Sublet or Assign……………………………………………………………
1.11 Delay by City………………………………………………………………………
1.12 Time for Completion………………………………………………………………
1.13 Liquidated Damages……………………………………………………………….
1.14 Employ Sufficient Labor and Equipment………………………………………….
1.15 Handling and Distribution…………………………………………………………
1.16 Occupying Private Land…………………………………………………………..
1.17 Interference With and Protection of Streets………………………………………
1.18 Safety………………………………………………………………………………
1.19 Sanitary Regulations………………………………………………………………
1.20 Intoxicating Liquors……………………………………………………………….
1.21 Access to Work……………………………………………………………………
1.22 Examination of Work……………………………………………………………..
1.23 Defective Work, Etc………………………………………………………………
1.24 Precautions During Adverse Weather……………………………………………..
1.25 Right to Materials…………………………………………………………………
1.26 Changes……………………………………………………………………………
1.27 Extra Work………………………………………………………………………..
1.28 Extension of Time on Account of Extra Work……………………………………
1.29 Changes Not to Affect Bonds……………………………………………………..
1.30 Claims for Damages………………………………………………………………
1.31 Abandonment of Work or Other Default………………………………………….
1.32 Prices for Work……………………………………………………………………
1.33 Formal Acceptance………………………………………………………………..
1.34 Progress Estimates…………………………………………………………………
1.35 Partial Acceptance…………………………………………………………………
1.36 Final Estimate and Payment……………………………………………………….
1.37 Liens……………………………………………………………………………….
1.38 Claims………………………………………………………………………………
1.39 No Waiver………………………………………………………………………….
1.40 Liability of City…………………………………………………………………….
1.41 Guarantee…………………………………………………………………………..
1.42 Cleaning Up………………………………………………………………………...
1.43 Legal Address of Contractor………………………………………………………..
1.44 Modification of Termination……………………………………………………….
221.1 Definitions. Wherever the words hereinafter defined or pronouns used in their stead
occur in the Contract Documents, they shall have the following meanings:
The word “Owner” shall mean the City of Greenfield.
The word “Contractor” shall mean the party of the second part above designated.
The word “Specifications” when used herein shall be deemed to refer to both the General
and Technical Specifications.
The words “herein”, “hereinafter”, hereunder” and words of like import shall be deemed
to refer to the Contract Documents.
1.2 Obligations and Liability of Contractor. The Contractor shall do all the work and
perform and furnish all the labor, services, materials, equipment, plant, machinery,
apparatus, appliances, tools, supplies and all other things (except as otherwise expressly
provided herein) necessary and as herein specified for the proper performance and
completion of the Work in the manner and within the time hereinafter specified, in strict
accordance with the Specifications and other Contract Documents, in conformity with the
directions and to the satisfaction of the City, and at the prices herein agreed upon.
All parts of the Work and all fixtures, equipment, apparatus and other items indicated in
the Specifications and all work and material usual and necessary to make the Work
complete in all its parts, including all incidental work necessary to make it complete and
satisfactory and ready for use and operation, whether or not they are mentioned in the
Specifications, shall be furnished and executed the same as if they were called for by the
Specifications.
The Contractor shall conduct his work so as to interfere as little as possible with private
business and public travel. Wherever and whenever necessary or required, he shall
maintain fences, provide barriers, furnish watchmen, maintain lights, and take such other
precautions as may be necessary to protect life and property.
The Contractor shall indemnify and save harmless the City and its officers, agents,
servants, and employees from and against any and all claims, demands, suits, proceedings
liabilities, judgments, awards, losses, damages, costs and expenses, including attorney’s
fees, on account of bodily injury, sickness, disease or death sustained by any person or
persons or injury or damage to or destruction of any property, directly or indirectly
arising out of, relating to or in connection with the Work, whether or not due or claimed
to be due in whole or in part to the active, passive or concurrent negligence or fault of the
Contractor, his officers, agents, servants or employees, any of his subcontractors, the City
or any of its respective officers, agents, servants or employees and/or any other person or
persons, and whether or not such claims, demands, suits or proceedings are just, unjust,
groundless, false or fraudulent; and the Contractor shall and does hereby assume and
agrees to pay for the defense of all such claims, demands, suits and proceedings.
The Contractor shall have complete responsibility for the Work and the protection
thereof, and for preventing injuries to persons and damage to the Work and property and
utilities on or about the Work, until final completion and final acceptance thereof. He
shall, in no way, be relieved of his responsibility by any right of the City to give
23permission or directions relating to any part of the Work, by any such permission or
directions given, or by failure of the City to give such permission or directions. The
Contractor shall bear all costs, expenses, losses and damages on account of the quantity
or character of the Work or the nature of the land (including but not limited to subsurface
conditions) in or under or on which the Work is done being different from those indicated
or shown in the Contract Documents or from what was estimated or expected, or on
account of the weather, elements, or other causes.
The Contractor shall conduct his operations so as not to damage existing structures or
work installed either by him or by other contractors. In case of any such damage
resulting from his operations, he shall repair and make good as new the damaged portions
at his own expense with the consent of the damaged party. In the event that consent is
not given, the Contractor shall continue to be liable for the damage caused.
The Contractor shall be as fully responsible to the City for the acts and omissions of his
subcontractors, their officers, agents, servants and employees as he is for his own acts
and omissions and those of his officers, agents, servants and employees.
Should the Contractor sustain any loss, damage or delay through any act or omission of
any other contractor or any subcontractor of any such other contractor, the Contractor
shall have no claim against the City therefore, other than for any extension of time, but
shall have recourse solely to such other contractor or subcontractor.
If any other contractor or any subcontractor of any such other contractor shall suffer or
claim to have suffered loss, damage or delay by reason of the acts or omissions of the
Contractor or of any of his subcontractors, the Contractor agrees to assume the defense
against any such claim and to reimburse such other contractor or subcontractor for such
loss or damage. The Contractor agrees to and does hereby indemnify and save harmless
the City from and against any and all claims by such other contractors or subcontractors
alleging such loss, damage or delay and from and against any and all claims, demands,
suits, proceedings, liabilities, judgments, awards, losses, damages, costs and expenses,
including attorneys’ fees, arising out of, relating to or resulting from such claims.
The Contractor shall promptly pay all federal, state and local taxes which may be
assessed against him in connection with the Work or his operations under the
AGREEMENT and/or the other Contract Documents, including but not limited to, taxes
attributable to the purchase of material and equipment, to the performance of services,
and the employment of persons in the prosecution of the Work.
1.3 Planning and Progress Schedules. The Contractor shall submit to and for the approval
of the Engineer, a detailed schedule of operations. The schedule shall show the proposed
methods of construction and sequence of work and the time the Contractor proposes to
complete the various items of work within the time specified in the Contract. The
schedules are to be submitted within 10 days of contract award. No work shall begin
until the Progress Schedule is approved by the Engineer.
If the Contractor’s operations are materially affected by changes in the plans or in the
quantity of the Work or if he has failed to comply with the submitted and approved
schedule, the Contractor shall submit a revised schedule if requested by the Engineer
within seven days after the date of the Engineer’s request. This revised schedule shall
24show how the Contractor proposes to prosecute the balance of the Work, so as to
complete the Work within the time specified in the Contract.
1.4 Supervision of Work. The Contractor shall be solely responsible for supervision of the
Work, shall give the Work the constant attention necessary to ensure the expeditious and
orderly progress thereof, and shall cooperate with the City in every possible way.
At all times, the Contractor shall have as his agent on the Work a competent
superintendent capable of reading and thoroughly understanding the Specifications, with
full authority to execute the directions of the City, without delay, and to supply promptly
such labor, services, materials, equipment, plant, apparatus, appliances, tools, supplies
and other items as may be required. The qualifications of the superintendent shall be
submitted with the contract. Such superintendent shall not be removed from the Work
without the prior written consent of the City. If, in the opinion of the City, the
superintendent or any successor proves incompetent, the Contractor shall replace him
with another person approved by the City; such approval, however, shall, in no way,
relieve or diminish the Contractor’s responsibility for the supervision of the Work.
Whenever the Contractor or his agent or superintendent is not present on any part of the
Work where it may be necessary to give directions or instructions with respect to such
Work, such directions or instructions may be given by the City to, and shall be received
and obeyed by the foreman or any other person in charge of the particular work involved.
1.5 Patents. The Contractor shall indemnify and save harmless the City and all persons
acting for or on behalf of the City from all claims and liability of any nature or kind, and
all damages, costs and expenses, including attorneys’ fees, arising from or occasioned by
any infringement or alleged infringement of any patents or patent rights on any invention,
process, material, equipment, article or apparatus, or any part thereof, furnished and
installed by the Contractor, or arising from or occasioned by the use or manufacture
thereof, including their use by the City.
1.6 Electrical Energy. The Contractor shall make all necessary applications and
arrangements and pay all fees and charges for electrical energy for power and light
necessary for the proper completion of the Work and during its entire progress. The
Contractor shall provide and pay for all temporary wiring, switches, connections and
meters.
The Contractor shall provide sufficient lighting so that all work may be done in a
workman like manner when there is not sufficient daylight.
1.7 Compliance with Laws. The Contractor shall keep himself fully informed of all existing
and future federal, state and local laws, ordinances, rules, and regulations affecting those
engaged or employed on the Work, the material and equipment used in the Work or the
conduct of the Work, and of all orders, decrees and other requirements of bodies or
tribunals having any jurisdiction or authority over the same. If any discrepancy or
inconsistency is discovered in the Specifications or other Contract Documents in relation
to any such law, ordinance, rule, regulation, order, decree, or other requirement, the
Contractor shall forthwith report the same to the City in writing. The Contractor shall, at
all times, observe and comply with, and cause all his agents, servants, employees and
subcontractors to observe and comply with all such existing and future laws, ordinances,
rules, regulations, orders, decrees and other requirements, and he shall protect, indemnify
25and save harmless the City, its officers, agents, servants and employees, from and against
any and all claims, demands, suits, proceedings, liabilities, judgments, penalties, losses,
damages, costs and expenses, including attorneys’ fees, arising from or based upon any
violation or claimed violation of any such law, ordinance, rule, regulation, order, decree
or other requirement, whether committed by the Contractor or any of his agents, servants,
employees or subcontractors.
1.8 Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in the Contract shall be deemed to be inserted
herein, and the Contract shall be read and enforced as though they were included herein.
If through mistake or otherwise any such provision is not inserted, or is not correctly
inserted, then upon the application of either party the Contract shall forthwith be
physically amended to make such insertion.
1.9 Permits. The Contractor shall, at his own expense, take out and maintain all necessary
permits from the county, municipal, or other public authorities; shall give all notices
required by law; and shall post all bonds and pay all fees and charges incident to the due
and lawful prosecution of the Work.
1.10 Not to Sublet or Assign. The Contractor shall constantly give his personal attention to
the faithful prosecution of the Work, shall keep the same under his personal control, shall
not assign the Contract or sublet the Work or any part thereof without the previous
written consent of the City, and shall not assign any of the monies payable under the
Contract, or his claim thereto, unless by and with the like written consent of the City and
the surety on the contract bonds. Any assignment or subletting in violation hereof shall
be void and unenforceable.
1.11 Delay by City. The City may delay the beginning of the Work or any part thereof if the
necessary lands or rights of way for such work shall not have been obtained. The
Contractor shall have no claim for additional compensation or damages on account of
such delay, but shall be entitled only to an extension of time as hereinafter provided.
1.12 Time for Completion. The rate of progress shall be such that the Work shall be
performed and completed in accordance with the Contract before the expiration of the
time limit stipulated under INFORMATION FOR BIDDERS, except as otherwise
expressly provided herein.
It is agreed that the rate of progress herein required has been purposely made low enough
to allow for the ordinary and foreseeable delays incident to work of this character. No
extension of time will be given for ordinary or foreseeable delays, inclement weather, or
accidents, and the occurrence of such will not relieve the Contractor from the necessity of
maintaining this rate of progress and completing the Work within the stipulated time
limit.
If delays are caused by acts of God, acts of Government, unavoidable strikes, extra work,
or other causes or contingencies clearly beyond the control or responsibility of the
Contractor, the Contractor may be entitled to additional time to perform and complete the
Work, provided that the Contractor shall, within ten (10) days from the beginning of such
delay notify the City, in writing, of the cause and particulars of the delay. Upon receipt
of such notification, the City shall review and evaluate the cause and extent of the delay.
If, under the terms of the AGREEMENT, the delay is properly excusable, the City will,
26in writing, appropriately extend the time for completion of the Work. The Contractor
agrees that he shall not have or assert any claim for nor shall he be entitled to any
additional compensation or damages on account of such delays.
1.13 Liquidated Damages. In case the Contractor fails to complete the Work satisfactorily on
or before the date of completion fixed herein or as duly extended as hereinbefore
provided, the Contractor agrees that the City shall deduct from the payments due the
Contractor each month, the sum of five hundred ($500) dollars for each calendar day of
delay. If the payments due the Contractor are less than the amount of such liquidated
damages, said damages shall be deducted from any such monies due or to become due the
Contractor, and, in case such damages shall exceed the amount of all monies due or to
become due the Contractor, the Contractor or his surety shall pay the balance to the
Owner.
1.14 Employ Sufficient Labor and Equipment. If, in the sole judgment of the City, the
Contractor is not employing sufficient labor, plant, equipment or other means to complete
the Work within the time specified, the City may, after giving written notice, require the
Contractor to employ such additional labor, plant, equipment and other means as the City
deems necessary to enable the Work to progress properly.
1.15 Handling and Distribution. The Contractor shall handle, haul, and distribute all
materials on the different portions of the Work, as necessary or required; shall provide
suitable and adequate storage room for materials and equipment during the progress of
the Work, and be responsible for the protection, loss of, or damage to materials and
equipment furnished by him, until the final completion and acceptance of the Work.
1.16 Occupying Private Land. The Contractor shall not (except after written consent from
the proper parties) enter or occupy with men, tools, materials, or equipment, any land
outside the rights-of-way or property of the Owner. A copy of the written consent shall
be given to the Engineer.
1.17 Interference With and Protection of Streets. The Contractor shall not close or obstruct
any portion of a street, road, or private way without obtaining permits from the proper
authorities. If any street, road or private way shall be rendered unsafe by the Contractor’s
operations, he shall make such repairs or provide such temporary ways or guards as shall
be acceptable to the City.
Streets, roads, private ways, and walks not closed shall be maintained passable and safe
by the Contractor, who shall assume and have full responsibility for the adequacy and
safety of provisions made therefore.
The Contractor shall, at least 24 hours in advance, notify the Police and Fire
Departments, in writing, with a copy to the Department of Public Works, if the closure of
a street or road is necessary. He shall cooperate with the Police Department in the
establishment of alternate routes and shall provide adequate detour signs, plainly marked
and well lighted, in order to minimize confusion.
1.18 Safety. The Contractor shall take all necessary precautions and provide all necessary
safeguards to prevent personal injury and property damage. The Contractor shall provide
protection for all persons including but not limited to his employees and employees of
other contractors or subcontractors; members of the public; and employees, agents, and
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